Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 473

  (1)   This regulation applies if a person commissions licensed asbestos removal work at a workplace.

  (2)   The person or, if the workplace is domestic premises, the licensed asbestos removalist must ensure that, when the licensed asbestos removal work is completed, a clearance inspection of the asbestos removal area at the workplace is carried out by:

  (a)   if the asbestos removal work must be carried out by the holder of a Class A asbestos removal licence--an independent licensed asbestos assessor; or

  (b)   in any other case--an independent competent person.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (3)   In this regulation, a clearance inspection is an inspection of an asbestos removal area after asbestos removal work has been completed to verify that the area is safe for normal use, that:

  (a)   includes a visual inspection; and

  (b)   may include air monitoring.

Note:   If it is not reasonably practicable for the licensed asbestos assessor or competent person to be independent, the person or licensed asbestos removalist may apply to the regulator for an exemption under Part   11.2 from the requirement that the assessor or competent person be independent.